How long does an employer have to respond to unemployment claim in NY?
I filed for unemployment benefits two weeks ago and my claim status still shows 'pending employer response.' My former job laid me off due to budget cuts, so this should be straightforward, but I'm getting worried about how long this is taking. Does anyone know the actual timeframe employers have to respond to NYS Department of Labor? I've been checking my account daily and nothing has changed.
18 comments


Max Reyes
Employers in NY have 10 calendar days from when they receive the notice from NYS Department of Labor to respond. If they don't respond within that timeframe, the claim typically gets approved automatically unless there are other issues that need adjudication.
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Felicity Bud
•That's helpful, thank you! So if it's been 2 weeks since I filed, they probably already responded or the deadline passed?
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Kristian Bishop
Employers in New York have 10 business days to respond to unemployment claims once they receive notice from NYS Department of Labor. If they don't respond within that timeframe, the claim typically moves forward based on the information you provided. However, some employers respond at the last minute, so don't panic yet if it's only been two weeks.
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Eva St. Cyr
•Thanks, that's helpful! Do you know if weekends count in those 10 business days or just Monday-Friday?
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Kaitlyn Otto
Same thing happened to me last month. My employer waited until day 9 to respond, which felt like forever when you're waiting for benefits to start. Once they responded (didn't contest it), my claim was approved within 2-3 days. Since you were laid off for budget reasons, they probably won't fight it.
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Axel Far
•That's so stressful though! Why do they wait so long to respond when it's obviously not going to be contested?
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Mikayla Davison
same thing happened to me last year, my employer never responded and my claim got approved after about 3 weeks total. the delay was just normal processing time not waiting for employer response
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Adrian Connor
Actually the 10 day rule applies but there can be other delays in the system. Sometimes NYS Department of Labor needs to verify your work history or investigate other aspects of your separation. If you were laid off during restructuring that should be pretty straightforward though. You can check your claim status online at my.ny.gov to see if there are any pending issues.
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Aisha Jackson
•Wait, what if I can't get into my my.ny.gov account? I keep getting error messages when I try to log in and the phone lines are always busy!
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Ryder Everingham
•I had the same problem with calling NYS Department of Labor - impossible to get through! I actually found this service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Saved me hours of trying to call myself.
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Jasmine Hernandez
I had a nightmare with this process when I couldn't reach anyone at NYS Department of Labor to check on my claim status. After getting disconnected multiple times trying to call their main line, I ended up using this service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Turned out my employer had responded but there was a small discrepancy in my termination date that needed clarification.
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Eva St. Cyr
•Never heard of that service before. Was it expensive? I might need something like that if this drags on much longer.
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Jasmine Hernandez
•It was worth it for me since I was getting nowhere with the regular phone system. Much easier than spending hours on hold or getting hung up on.
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Luis Johnson
ugh this whole system is SO SLOW!! My employer took the full 10 days AND THEN some because apparently they can request an extension in certain cases. Nobody tells you this stuff upfront. I was freaking out thinking something was wrong with my claim but it was just bureaucratic nonsense.
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Lilly Curtis
The whole system is a mess honestly. Employers can contest claims even after the 10 days if they have a good reason for the delay. And sometimes NYS Department of Labor just takes forever to process everything regardless of employer response time.
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Ellie Kim
Just wanted to add that even if your employer doesn't respond at all, NYS Department of Labor will still process your claim. They don't hold it up indefinitely waiting for employer input. I think the 10 business day rule is pretty standard but there can always be delays in the system.
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Leo Simmons
Just keep filing your weekly claims even while it's pending! That's important.
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Felicity Bud
•Yes I've been doing that, thanks for the reminder!
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